This post was contributed by a community member. The views expressed here are the author's own.

Crime & Safety

Drunk Driving Death Brings Westport Man 30-Month Prison Sentence

Death of 24-year-old Marine Lance Cpl. Charles M. Rochlin "crushes me inside," defendant tells court.

NORWALK – A Westport man who admitted he was intoxicated in December 2009 when he crashed the SUV he was driving into a tree on Greens Farms Road --  -- was sentenced Thursday to being incarcerated for 2 1/2 years of a ten year prison sentence.

Matthew Robert Packer, 26, has been in prison since February after pleading guilty to second-degree manslaughter with a motor vehicle and driving while intoxicated, under a plea agreement to serve at least a year in prison.

Thursday in state Superior Court in Norwalk, Packer received his formal sentence, decided by Judge Bruce P. Hudock.

Find out what's happening in Westportwith free, real-time updates from Patch.

Before a gallery filled with family members and friends of both men, the hour and 15 minute session had a funereal atmosphere, with one young man dead and the other facing a tormented life, knowing he killed the person he was as close to as any member of his family, 24-year-old Marine Lance Cpl. Charles M. Rochlin.

Before issuing his sentence, Hudock listened to statements from Rochlin’s siblings and others mourning his loss, followed by people speaking in support of Packer.

Find out what's happening in Westportwith free, real-time updates from Patch.

One of Rochlin’s three sisters, Kendall, said her family waited for Packer to come to their home to apologize.

“We would have given you a big hug,” she said. "But you lied about (the crash). Now, when I hear your name, nothing good comes to mind.”

Assistant State's Attorney Nichol Peco said Packer hindered the investigation of the crash by telling police a third person was driving the car. She also said Packer’s current alcohol treatment and performing community service was “too little too late.”

Perhaps if he had addressed his alcohol dependency earlier this would not have occurred, Peco said.

Packer’s attorney, Andrew B. Bowman of Westport, said there was no doubt Packer and Rochlin loved each other, and the last person Packer would want to hurt or harm was Rochlin.

Bowman said his client didn’t apologize to the Rochlin family because, “he thought words would be inadequate.”

Among people speaking on behalf of Packer was the psychiatrist who prepared two reports for the court evaluating his state of mind, Dr. Carl Mueller.

Mueller said that after working with 15,000 patients, this was the first time he felt compelled to present his personal feelings in court.

Mueller said when he first met Packer, the defendant was overwhelmed by grief and despair, and “was quite suicidal.”

He said Packer found “solace” when he began working with Habitat for Humanity, and feels the organization can be his reentry into society when he’s released from prison.

Mueller said it was with a high degree of medical certainty he could say Packer is “neither a sociopath nor manipulator.”

Then, turning to Rochlin’s family in the gallery, Mueller said that at every one of his sessions with the defendant, Packer said he wanted to talk to them.

“He was inhibited by the legal process and not wanting to cause more pain,” Muller said.

Asked by Hudock if he had anthing to say, Packer stood and read a statement in which he said the loss of Rochlin “crushes me inside.”

He said he considered Charles his best friend and that visiting the Rochlin household was like “visiting favorite relatives.”

Every time we got together “was like picking up where we left off,” Packer said.

Packer said that everything that ever went wrong in his life was a result of alcohol.

Before delivering his sentence, Hudock said this tragedy involved no intent to kill or murder. “The events of that evening have, I say, destroyed two families.”

Hudock said his sentencing decision could change nothing. “To change, things will have to come in your own heart … I can’t do that.”

Hudock said Packer had known since he graduated college that he was an alcoholic and did nothing about it. He said he was also troubled by Packer telling police at the crash scene a third person had been driving the car, resulting in the authorities having to conduct a thorough investigation, “which they did.”

At the same time, Hudock said, the defendant has “done remarkably” with his participation with Habitat For Humanity and attending Alcoholics Anonymous meetings since the accident.

Hudock then told Packer to stand for sentencing.

Besides remaining in prison for 30 months of a ten year sentence, upon release, Packer will be on probation for five years with special conditions, including substance abuse evaluation and treatment, and no use of alcohol or illegal substances.

Hudock said Packer’s driver’s license would be suspended for a period of time after his release, followed by his having to use an ignition interlock on his vehicle for two years to prevent him from driving after consuming alcohol.

On the charge of operating a vehicle under the influence of alcohol or drugs, Hudock sentenced Packer to six months in jail, suspended after two days, followed by 18 months probation.

Hudock waived Packer paying a $500 fine plus court costs on the second charge.

The Night of the Crash

Rochlin was raised in Westport and enlisted in the Marine Corps in March 2008. He served a seven-month tour in Iraq and returned home in September 2009. He was scheduled to deploy Afghanistan after his time home.

Rochlin and Packer got together the evening of Dec. 26, 2009, and visited several Westport bars before going to the on Post Road East.

A sworn affidavit Westport Police prepared to obtain an arrest warrant for Packer says a bartender at the Black Duck Café, Glen Ferrari, told detectives he eventually refused to serve them that night after they placed multiple orders for beer and schnapps.

The affidavit says the owner of Dunville's Restaurant, Dan Horlik, and a bartender there, Andrew Wilcox, recalled the two men being there. Wilcox is said to have told the detectives Rochlin approached the bar and ordered six shots, but he appeared intoxicated and was refused service.

And a waitress at the diner, Angeliki Kostandinidis, is said to have told detectives she knew Rochlin and Packer from previous visits, and believed they were drunk, on medication or very tired because that night, "they were not acting right."

Packer was 25 and a resident of Manhattan at the time of the crash early on December 27.

Packer claimed the driver had run away, and police and firefighters spent an hour searching the surrounding woods, the affidavit says, without finding anyone.

An examination of the Jeep by the State Police described in the affidavit says troopers determined anyone sitting in the rear, passenger-side seat would have had considerable injuries and most likely would have been pinned in the car. The troopers also found that someone sitting behind the driver would have been sprayed with Rochlin's blood, which was not found on Packer's clothing or body.

After Westport Police obtained a sample of blood drawn from Packer in Norwalk Hospital's emergency department, Taylor says the state's toxicology lab determined his blood-alcohol content was 0.21. The state statute for driving drunk is a blood-alcohol content of 0.08 or above.

The affidavit says an examination by an assistant state medical examiner found Rochlin died of "multiple blunt traumatic injuries," including lacerations to his liver, a torn aorta, and separation of his brain from his spinal cord. His manner of death was listed as "accident."

We’ve removed the ability to reply as we work to make improvements. Learn more here

The views expressed in this post are the author's own. Want to post on Patch?

To request removal of your name from an arrest report, submit these required items to arrestreports@patch.com.